Summons from LVNV

[313 helpme]

1. Who is the named plaintiff in the suit?
LVNV Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Stenger & Stenger P..C.
3. How much are you being sued for?
$645.22

4. Who is the original creditor? (if not the Plaintiff)
Credit One Bank

5. How do you know you are being sued? (You were served, right?)
Summon by process server

6. How were you served? (Mail, In person, Notice on door)
The summons was stuck in door

7. Was the service legal as required by your state?
Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Nothing

9. What state and county do you live in?
Wayne CO, MI

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
I haven't paid it.  Account opened in 2017.

11. What is the SOL on the debt?
6 years in Michigan

12. What is the status of your case? Suit served? Motions filed?
Pending

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection  Yes !  Three times!

[Brotherskeeper]

@313 helpme Welcome to the club nobody wants to join! 

1.) When is your Answer due?

2.)  You are being sued on an account stated cause of action--Complaint paragraphs #7-8. Was there an affidavit from LVNV attached to the Complaint?

3.)  Was there a copy of the credit card agreement attached? Or a monthly statement? If not, do you remember what type it was? See this link: https://www.creditonebank.com/content/dam/creditonebank/corporate-transactional/pdf/cardholderagreements.pdf

4.)  The Credit One Bank agreements have an arbitration clause which our members are having great success with. Read the pinned thread below to understand what the arbitration strategy is all about. We have Michigan threads with examples of court filings with this same plaintiff, law firm and credit card agreement. 

 

[313 helpme]

1) November 11, 2019

2) There was no avidavit attached.    The only thing included was the summons, and the two pages uploaded.

3) There was no copy of a credit card agreement or monthly statement.  I believe it was the first card D 062 M-126693

4.) I will read the arbitration agreement.

[Brotherskeeper]

1 hour ago, 313 helpme said:

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection  Yes !  Three times!

What is the nature of the dispute?

[313 helpme]

I disputed with all three bureaus that the account was not mine.

[Brotherskeeper]

6 minutes ago, 313 helpme said:

I disputed with all three bureaus that the account was not mine.

What was the result of your dispute? Are your reports for this account marked as disputed, due to identity theft? 

[Brotherskeeper]

This thread has some useful info for you to read. Unfortunately, the original poster stopped updating the thread, so we don't know what happened in the end. 

 

[fisthardcheese]

Also, does the balance shown on your credit reports match exactly the amount they are suing you for?

Arbitration will be the way to win this.  You must file an answer and then with it or shortly after, file a Motion To Compel Arbitration.  This is explained in that thread @Brotherskeeper posted above.  Once you read that and download a copy of your Credit One card agreement, we can help you with the details.